1. Citizenship and the Constitution
Chapter 5
Citizenship and the Constitution

2. Section 1: Understanding the Constitution
8.2.6
The Big Idea
The U.S. Constitution balances the powers of the federal government among the legislative, executive, and judicial branches.
Main Ideas
The framers of the Constitution devised the federal system.
The legislative branch makes the nation's laws.
The executive branch enforces the nation’s laws.
The judicial branch determines whether or not laws are constitutional.

3. Main Idea 1: The framers of the Constitution devised the federal system.
Federal system divides powers between states and federal government
Powers assigned to national government, called delegated powers, include coining money and regulating trade
Powers kept by states, called reserved powers, include creating local governments and holding elections
Concurrent powers, including taxing and enforcing laws, are shared by federal and state governments
“Elastic clause” allows Congress to stretch its delegated powers to deal with unexpected issues

4. Separation of Powers
This separation balances the branches of government and keeps any one of them from growing too powerful.
Legislative Branch
Writes laws
Confirms presidential appointments
Approves treaties
Grants money
Declares war
Executive Branch
Proposes and administers laws
Commands armed forces
Appoints officials
Conducts foreign policy
Makes treaties
Judicial Branch
Interprets Constitution and other laws
Reviews lower-court decisions

6. Main Idea 2: The legislative branch makes the nation’s laws.
Article I of the Constitution divides legislative branch, or Congress, into House of Representatives and Senate
House of Representatives has 435 members; number for each state determined by population; each member represents a particular district within her or his state
Senate has two members for each state; both represent state as a whole
Leader of House of Representatives—Speaker of the House—elected by House members from the majority party
U.S. vice president also serves as president of the Senate

8. Legislative Requirements
House of Representatives
Members must be 25 years old
Live in the state where elected
Have been a U.S. citizen for seven years
Senate
Members must be 30 years old
Live in the state represented
Have been a U.S. citizen for nine years

9. Main Idea 3: The executive branch enforces the nation’s laws.
Article II of the Constitution lists powers of executive branch, which enforces laws passed by Congress
Head of the executive branch is the president
President and vice president elected every four years
Vice president becomes president if the president dies, resigns, or is removed from office
House of Representatives can impeach, or vote to charge president with serious crimes; Senate tries impeachment cases; Congress can remove president from office if found guilty

11. Some Presidential Powers
President can veto, or cancel, laws that Congress has passed
Congress can override veto with a two-thirds majority vote
Veto
President can issue executive orders, commands that have the power of law
These orders carry out laws affecting the Constitution, treaties, and statutes.
Executive Orders
President may grant pardons, or freedom from punishment
Granted to persons convicted of federal crimes or facing criminal charges
Pardons

13. Other Executive Duties
The president commands the armed forces; while only Congress can declare war, the president can call on U.S. troops in emergencies.
The executive branch conducts foreign relations and creates treaties.
Executive departments do most of the work of the executive branch; the president appoints department heads, called secretaries, who make up the cabinet.

14. Main Idea 4: The judicial branch determines whether or not laws are constitutional.
Judicial branch—system of federal courts headed by U.S. Supreme Court
Article III of the Constitution outlines courts’ duties
Federal courts can strike down a state or federal law if the court finds law unconstitutional
Federal court judges are appointed by the president for life.
The lower federal courts are divided into 94 districts.
The Courts of Appeals review cases from the lower courts.

15. The Supreme Court Hears appeals of decisions by the Court of Appeals
Cases usually involve important constitutional or public-interest issues.
Has nine justices, led by a chief justice
Recent justices include Thurgood Marshall, first African American justice, appointed in 1967; Sandra Day O’Connor, first female justice, appointed in 1981

17. Section 2:The Bill of Rights
8.2.6
8.3.7
The Big Idea
The Bill of Rights was added to the Constitution to define clearly the rights and freedoms of citizens.
Main Ideas
The First Amendment guarantees basic freedoms to individuals.
Other amendments focus on protecting citizens from certain abuses.
The rights of the accused are an important part of the Bill of Rights.
The rights of states and citizens are protected by the Bill of Rights.

18. Main Idea 1: The First Amendment guarantees basic freedoms to individuals.
James Madison promised that a bill of rights would be added to the Constitution.
States ratified ten amendments, called the Bill of Rights.
Protection of individual liberties is important in a democracy because of majority rule.
The First Amendment protects freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and the right to petition.

19. Basic Rights Freedom of Religion Freedom of Speech and of the Press
The government cannot support or interfere with the practice of religion, support one religion over another, or establish an official religion.
Freedom of Speech and of the Press
Americans have the right to express their own ideas and to hear the ideas of others.
Freedom of Assembly
Americans have freedom of assembly, or of holding meetings.
Right to Petition
Americans have the right to petition, or make a request of the government; this right allows Americans to show dissatisfaction with laws or to suggest new laws.

20. Main Idea 2: Other amendments focus on protecting citizens from certain abuses.
Second Amendment deals with state militias and the right to bear arms
Third Amendment prevents the military from forcing citizens to house soldiers
Fourth Amendment protects Americans from unreasonable search and seizure
Authorities must get a search warrant to search or seize property, except in emergency situations.

21. Main Idea 3: The rights of the accused are an important part of the Bill of Rights.
The Fifth, Sixth, Seventh, and Eighth Amendments provide guidelines for protecting the rights of the accused.

22. The Fifth Amendment
Guarantees the government cannot punish anyone without due process of law—meaning the law must be fairly applied.
A grand jury decides if there is enough evidence to indict a person; a court cannot try a person for a serious crime without an indictment.
This amendment protects people from having to testify at their own trial.
Anyone found not guilty cannot face double jeopardy—be tried again for the same crime.
No one can have property taken without due process of law, except in cases of eminent domain.
Eminent domain is the power to take personal property to benefit the public.

23. Rights Guaranteed by the Sixth and Seventh Amendments
Right to a speedy, public trial by jury
Right to know charges and hear witnesses
Right to impel witnesses to appear
Right to an attorney
Seventh
Right of trial by jury in civil cases—cases where harm has occurred but not necessarily the breaking of the law

24. Rights guaranteed by the Eighth Amendment
Prohibits excessive bail. (Bail is a sum of money that the suspect deposits with the court as a promise at trial. If the suspect does not appear, the bail money is given to the government.)
Excessive bail means that bail cannot exceed, go over, what is necessary to protect the community. If a person is charged with a violent crime, a suspect can be held without bail.
If a jury finds the suspect guilty of a crime, the eighth amendment provides that the suspect cannot suffer cruel and unusual punishments.

25. Main Idea 4: The rights of states and citizens are protected by the Bill of Rights.
Ninth and Tenth Amendments give general protection for other rights not addressed by the first eight
Ninth Amendment says that the rights listed in the Constitution are not the only rights citizens have
Tenth Amendment states that any powers not delegated to the federal government nor prohibited by the Constitution belong to the states and the people
Helps keep the balance of power between states and federal government

26. The Other Amendments: 11-27
The 11th amendment (1795) – No federal court may try a case in which a state is being sued by a citizen of another state or of a foreign country.
The 12th amendment (1804)– changed the procedure for choosing a president. The presidential electors would vote for president and vice president on separate ballots.

27. The other amendments (cont’d)
The 13th amendment –(1865)- banned slavery. No person can take another person and hold them against their will, keep them from escaping, or refuse to pay them for their work. This constitutes slavery.
The 14th amendment – (1868)- Defines citizenship and citizens’ rights. It guaranteed African Americans rights and it made the Bill of Rights apply to state law. States had to apply the Bill of Rights to their citizens, not just the Federal government. It also includes due process and equal protection clauses to protect citizens.

28. The 15th amendment-(1870)- gives African American men the right to vote. It prohibits national and state governments from denying the vote based on race.
It was a right given only to citizens regardless of color or race, but did not apply to immigrants or Native Americans as they were NOT citizens.

29. The 16th Amendment – (1913) – allows Congress to tax incomes.
The 17th Amendment – (1913) – establishes the direct election of U.S. senators.
The 18th Amendment – (1919) – Bans the making, selling, and shipping of alcoholic beverages (such as wine, beer, gin, scotch, etc.)

30. The 19th Amendment – extends the right to vote to women.
No one is denied the right to vote on account of their sex.
The 19th Amendment – extends the right to vote to women.
No one is denied the right to vote on account of their sex.

31. The 20th amendment – (1933) – Changes the date for starting a new congressional term and inaugurating a new president.
The new term starts the first week of January rather than March.
The president takes the oath of office on the 20th of January.

32. The 21st amendment – (1933) repeals the 18th amendment and allows alcohol to be bought, made and sold.
The ban on alcohol was called Prohibition, and this amendment overturned (repealed) the ban.

33. Section 3: Rights and Responsibilities of Citizenship
8.3.6
The Big Idea
American citizenship involves great privileges and serious responsibilities.
Main Ideas
Citizenship in the United States is determined in several ways.
Citizens are expected to fulfill a number of important duties.
Active citizen involvement in government and the community is encouraged.

34. Main Idea 1: Citizenship in the United States is determined in several ways
Anyone born in the United States or U.S. territory is a citizen, as is anyone whose parent is a citizen.
Foreign-born people whose parents are not citizens can become naturalized citizens.
Legal immigrants may not vote or hold public office; the U.S. government can deport immigrants who break the law.
Legal immigrants may request naturalization after living in the United States for five years.
Naturalized citizens cannot become president or vice president and can lose their citizenship.

35. Becoming a Citizen To become a citizen, one must:
Be over 18 and support themselves financially or have someone assume financial responsibility for them
Be law-abiding and support the U.S. Constitution
Demonstrate understanding of written and spoken English
Show basic knowledge of U.S. history and government
Go before a naturalization court and take an oath of allegiance to the United States.

36. Main Idea 2: Citizens are expected to fulfill a number of important duties.
For a representative democracy to work, Americans need to fulfill their civic duties.
Duties include
Participating in elections
Obeying laws
Paying taxes
Defending the nation
Men over 18 may be required to serve in the military in the event of a draft.
Serving on juries

37. Main Idea 3: Active citizen involvement in government and the community is encouraged.
Taking part in the elections process by voting may be a citizen’s most vital duty.
Citizens should be informed about issues and candidates before voting.
Americans may choose to campaign for candidates or issues.
Many people help campaigns by giving money to political action committees (PACs).

38. Americans can influence government and help the community.
Work with interest groups, groups of people who share a common interest that motivates them to take political action
Write letters to government leaders
Attend city council meetings
Volunteer for community service groups
Neighborhood watch groups can help the police.
American Red Cross helps people in times of natural disasters and other emergencies.
Girl and Boy Scouts can help the environment and their community.